~~ ROGER HARRIS. Mr. Duane Kanuha, Director Planning Department COUNTY OF HA WAr I 101 Pauahi Street Hilo, Hawai'i

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1 December 8, 2015 Mr. Duane Kanuha, Director Planning Department COUNTY OF HA WAr I 101 Pauahi Street Hilo, Hawai'i RE: Amendment to Project District Ordinance No Palamanui Global Holdings, LLC Ka'u, North Kona, Hawai'i, TMK.: (3) : 001 portion Dear Mr. Kanuha: This is to follow up on my letter, dated September 16,2015, wherein our requested amendments to the subject Ordinance were summarized. To facilitate your review of our request, please find attached the existing and a draft of the proposed language reflecting our request. Specifically, the proposed language addresses our time extension request (which also includes construction traffic mitigation), modification of the Road 1 condition (which also includes funds for other roadway improvements), and modification of the Park condition. We look forward to your favorable consideration of our amended requests and further request that this matter be considered by the Leeward Planning Commission at its January 2016 meeting. Thank you very much! ~~ ROGER HARRIS Enclosures

2 PROPOSED AMENDMENTS TO ORDINANCE No (PALAMANUI PROJECT DISTRICT) All proposed deleted and new items have been highlighted. The proposed deleted items are bracketed ([ ]), while the new items are underscored ( _ ). A. Time Extension for Completion of Queen Ka'ahumanu Highway Intersection and University Drive (Road 2) Condition V(1)(a) "University Drive (Road 2 - Kona COP Map, Figure 4-3) within the property from the Queen Ka'ahumanu Highway to Makalei Drive: From the Queen Kaahumanu Highway Intersection to the proposed Ane Keohokalole Highway (Road 6A - Kona COP Map, Figure 4-3), University Drive (2) shall consist.of an SS-foot wide rightof-way with two lanes constructed to County dedicable standards. This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka 'ahumanu Highway to approximately 800 feet mauka of Kamanu Street (Road 3A - Kona COP) intersection with University Drive shall be completed [simultaneous to the opening of the first building constructed on the State Land for the University of HawaII or before July 31, 2012, whichever occurs first.] on or before a Certificate of Occupancy Is issued for any portion of the sublect property or the completion of any Single-family residential homes. whoever comes first. The remaining section of this roadway from [the] Kamanu Street (3A) to Makalei Drive shall be constructed and dedicated to the County upon its completion." Condition V(1)(c)(3) ''The intersection improvements with the Queen Ka'ahumanu Highway shall be completed [prior to the opening of the first building constructed on the State land for the University of Hawaii or before a] on or before a Certificate of Occupancy Is issued for any portion of the sublect property or the completion of any single-family residential homes, whoever comes first.'1

3 B. Modification of Requirement to Construct New Connector Road (Road 1-Kona COP) and Editorial Change to Fair Share Requirement Condition V(4) "4. New Connector Road (Road 1- Kona COP) w The right-of-way of Road 1 within the State lands shall be a minimum of 120 feet. The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of-way width of 88 feet. The applicant shall IApplicant shall construct Road 1, at is sole expense as a two-lane County-dedlcable collector road, including shoulders and swales. The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. The applicant shall continue preparatory work for the design of Road 1, Including working within the County of Hawai'i to secure the right-of-way for Road 1 across of State of Hawaf'i lands and providing information necessary for the County of Hawai'i to arrange the right-of-way over privately owned land. Applicant shall not be required to Install utilities or streetlights, except that streetlights shall be installed by the applicant at the Intersection with Highway 190. The County shall obtain the necessary right-of-way outside of applicant's property. Completion of Road 1 will be secured by bond or other security meeting with the approval of the Planning Director to guarantee that Improvements will be completed by the deadline specified In this condition. The bond or surety shall be provided prior to the granting of final subdivision app'roval on the property containing single-family lots. The applicant shall complete Road 1 no later than six (6) years after the entire right-of-way Is acquired.] acquire and provide to the County at no charge, the rights-of-way of Road lover that portion of properties identified by TMK: (3) : 009, The applicant shall work with the County Directors of Public Works and Planning In establishing the corridor of this minimum 120 foot wide right-of-way within the identified properties. Within 6 months of its determination, the applicant shall dedicate or cause the dedication in fee ofthe rights-of-way to the County. Further. to help facilitate the planning and construction of regional road and traffic Improvements that could have more immediate community benefits (such the planning and design of the balance of the Ane Keohokalole Highway or Installation of traffic signal lights at. the Intersection of Kaiminani Drive and the Mamalohoa Highway), the applicant shall advance Its road and traffic fair share contribution of up to $5, ($5 million) to the County of Hawa"l. These funds shall be made available to the County when the Department of Water Supply has confirmed sufficient water rights from Applicant's existing well to substantially develop the project.,

4 Condition NN (Fair Share Contribution) linn. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the prope'rty with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable on the sale or lease of residential units subject to such contribution, except as modified by Condition V(4). "The fair share contribution for roads will be satisfied upon completion ofthe University Drive (Road sections 2A, 2B, and 2C), Kamanu Street Extension (Road 3A), Ane Keohokalole Highway (Road GAO, Kealakea'a Street Extension (Road 7), and Road 1, as modified by Condition V(4). and their associated Intersections. C. Modification of Park Requirement Condition S.: Park "The applicant shall [develop one 20-acre park site prior to the Issuance of the building permit for the 10Ist single-family or multi-family residence within the Project.] provide a minimum of twenty (20) acres of land for park(s) and neighborhood open spaces in accordance with the Kona Community Development Plan, ten (10) acres of which shall be considered Phase I and developed by the applicant. Phase I, consisting of a minimum of ten (10) acres shall be developed by the applicant prior to issuance of the Building Permit for the 250 th single family or multifamily residences with the project. The remaining ten (10) acres shall be dedicated to the County upon its request. A park master plan outlining the park areas and type of Improvements shall be submitted to the department of parks and recreation for Its review and approval prior to the submittal of any single-family residential subdivision application or Plan Approval for a multiplefamily residential project. [The 20-acre active park site shall Include: (1) One Pony Plus League baseball-softball field including: (a) A regulation backstop; (b) A regulation dugout for each side of the field; (c) Portable bleachers to seat a minimum of 50 persons In each bleacher - one bleacher (d) Appropriate fencing to protect the spectators; (e) Appropriate fencing to protect the teams; (f) Fencfng the perimeter of the baseball field; (g) ADA accessi/;lle pathways to reach the baseball-softball field from the parking areas; (h) Placement of grass for appropriate areas of the field; and (i) An irrigation system Installed for the playing field. (2) One Little League baseball-softball field Including:

5 (a) A regulation backstop; (b) A regulation dugout for each side ofthe field; (c) Portable bleachers to seat a minimum of 50 persons In each bleacher - one bleacher (d) Appropriate fencing to protect the spectators; (e) Appropriate fencing to protect the teams; (f) Fencing the perimeter of the baseball field; (g) ADA accessible pathways to reach the baseball-softball field from the parking areas; (h) Placement of grass for appropriate areas of the field; and (I) An irrigation system installed for the playing field. (3) One regulation adult/high school soccer field that shall include: (a) Portable bleachers to seat a minimum of 50 persons In each bleacher - one bleacher (b) ADA accessible pathways to reach the soccer field from the parking area; (c) Placement of grass for appropriate areas of the field; and (d) An irrigation system installed for the soccer field. (4) One standard size dog park. (5) One comfort station, 30x60 feet, with lighting, water, and ADA compliant restroom facilities and ADA accessible pathways from the parking area, constructed to specifications and placed in locations to be determined by the department of parks and recreation; (6) One paved parking lot with 56 full size parking stalls and 4 van-accessible ADA parking stalls for a total of 60 paved parking stalls connected by ADA accessible pathways to all activity areas of the park, hardened with fencing and a gate so that unauthorized vehicles cannot access the park after hours.] Phase I Improvements shall Include one regulation adult/high school soccer field, one standard size dog park, comfort station, parking, landscaping, and related Improvements as outlined in the department of parks and recreation-approved park master plan. Phase II, consisting of approximately a total of 10 acres land shall be provided to the County at no cost within six (6) months of Its request.